Sprague v. Sysco Corp
In Sprague v. Sysco Corp., 97 Wn. App. 169, 982 P.2d 1202 (Wash. Ct. App. 1999), the plaintiff filed for bankruptcy and later sued a former employer for discrimination in her own name. Id. at 1203. After the statute of limitations expired, the defense moved to dismiss, arguing that the bankruptcy trustee was the proper party. Id.
The trial court denied plaintiff's motion to substitute the trustee under Rule 17(a) and granted the motion to dismiss. Id.
The Washington Court of Appeals reversed, holding that where the defendant is not prejudiced, and the amendment changes nothing except who will benefit from the action, Rule 17(a) allows substitution of the real party in interest, with relation back to the original filing. Id. at 1208.